You are Entitled to Bond for Most Offenses. Schmierlaw will Protect that Right
Michigan Law MCL765.6 provides that law, a person accused of a criminal offense is entitled to bail that is not excessive. The court in fixing the amount of bail may only consider and state on the record three factors: (1) The seriousness of the offense charged (2) The protection of the public and (3) The probability you will return to Court when required.
Judge has the discretion to set the amount your bond will be and the different kind of bond you will have to post.
If you have no criminal history, retained an attorney and voluntarily given yourself up, the Judge may impose a Personal Recognizance or PR bond. That means that while a bond amount is set, say $5000, you don’t have to actually put up any money. If you fail to show up for the next hearing, the Court will revoke that bond and will come after you for the money.
The Court could also establish a 10% bond. That means, if you pay the Court 10% of the total bond, you will be released from jail. You can put this money up yourself or get a bail bondsman to do it. So, if the Judge sets a bond of $5000, 10%, then you need to come up with $500. Once the case is settled, you get the money back minus a small processing fee. If you get a bail bondsman to put up the money, you would have to come up with about $125 plus a processing fee and pay that amount to the bondsman. But in that case, the bondsman keeps the money after your case is settled. And because the bondsman is on the hook for the balance of the bond amount, if you fail to show up, depending on how much money is involved, expect some very tough looking guys to hunt you down and throw you, tied up in the back of the van.
The Judge could also impose a cash surety bond. That means you must come up with all the money or be able to put up some collateral that is equal to the bond amount. If you put up all the money, you get it back after the case is settled. In the case where the bond is set at $5000, you would need to put up the full $5000. You can also use a bail bondsman who would guarantee the money that would cost you 25% of the $5000, but the bondsman would keep that money after the case is settled.
When you are on bond, the Judge will likely impose other conditions. These include not engaging in any criminal conduct, not using drugs or alcohol, random drug or alcohol testing if the crime you are related to drugs or alcohol, imposing a no contact order if the crime was assaultive or involved domestic violence, not leaving the State, or you may even be placed on a tether. It’s important to follow these conditions. If you fail to abide with Court’s order, generally the Judge will revoke your bond and you will find yourself in jail with no hope of being freed until your case is resolved.
Law Office of James G. Schmier, PLLC
2222 Attard Street, Birmingham, Michigan 48009
Tel: (248) 705-3742 FAX: (248) 540-0044 Email: firstname.lastname@example.org